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ARTICLE · 10 JUNE 2015

Context Is Key: New Trial For Dismissed CIBC Employee

McCarthy Tétrault
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Previously, we posted here on the case of the CIBC employee who had been dismissed for using her personal account to complete a wire transfer for a client in Ogden v CIBC.

CanadaEmployment and HR
Ryley Mennie
Ryley Mennie
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Previously, we posted here on the case of the CIBC employee who had been dismissed for using her personal account to complete a wire transfer for a client in Ogden v CIBC. The initial trial decided only that Ms. Ogden had been wrongfully dismissed and the heads of damages. The trial judge found that CIBC had conducted a flawed investigation of Ms. Ogden's conduct and there was a lack of clarity, training and consistency in its policies and procedures.

In a decision handed down April 27, 2015, the BC Court of Appeal ordered a new trial. In particular, the court found that the trial judge had misapprehended the evidence and CIBC's legal arguments, such that the trial judge's overall conclusion could not stand.

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